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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank ~~
<br />North Locust Branch ~ ~ ~,
<br />113-116 N Locust St
<br />PO Box 16p
<br />Grand Island NE 688 2-0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 550,000.00.
<br />TMIS DEED OF TRUST is dated May 17, 2010, among D & A INVESTMENTS, L.L.C., whose address is 21 G N
<br />CEDAR ST, GRAND ISLAND, NE 68$01-5949; A Nebraska Limited Liability Corporation ("Trustor"); Equitable
<br />Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE
<br />68$02-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Equitable Bank
<br />(Grand Island Region-, whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 6$802-0160
<br />(referred to below as "Trustee"-.
<br />GONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch ar irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, {the '"Real Property") located in Hall
<br />County, State of Nebraska:
<br />The North 1 /2 of Lots 1 and 2 in Block 18, Original Town, now City of Grand Island, Hall County, Nebraska
<br />and
<br />The Easterly Sixty feet of Lot Seven, Block Nine, Original Town at Grand Island, Hall County, Nebraska,
<br />according to the recorded plat thereof.
<br />The Real Property or its address is commonly known as 520 North Pine Street & 310 West 6th Street, Grand
<br />Island, NE 68801. The Real Property tax identification number is 40000 1 41 1 & 400001691.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may became otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INGLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANp PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE IA) PAYMENT OF TWE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THI5 DEED OF TRUST. THIS DEEP OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FALLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely rnanner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />PpSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />12- use, operate or manage the Property; and 13- collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11- buring the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Wazardous Substance by any person on, under, about or from the Property; 12- Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any
<br />Environmental Laws, 1b- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c- any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ib- any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
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